The Copyright Modernization Act
The government of Canada, in response to criticisms that the current Copyright Act was outdated introduced a legislative reform June 3, 2010. Bill C-32 The Copyright Modernization Act more directly addresses modern technology including the ability to exchange and copy digital files. In addition to several technological updates (outlined below) the Copyright Modernization Act, establishes a mandatory revision of the Copyright Act every five years, in order to ensure that Canada’s Copyright law continues to keep up with the rapid and frequent pace of technological changes.
As an artist trying to understand the changes proposed by the Copyright Modernization Act you may wish to begin by reviewing CJAM’s general copyright fact sheet.. It defines key terms like “infringement” and “fair dealing” which are discussed below.
Digital Locks
Much of the law’s focus is on the protection of so-called “digital locks,” (i.e. the software and other tools used to ensure copyrighted materials, like movies and music aren’t copied, transferred or altered without the owner’s permission). The law will prohibit almost all circumvention (i.e. breaking or evading) of these locks as well as the sale of the equipment or services required to do so.
It should be noted that digital locks are optional. It will therefore be up to the copyright holder to decide whether or not to use them protect their art.
The New Fair Dealing Exceptions
The law provides exceptions to infringement of copyright in numerous cases including uses of copyrighted material by educational institutions and public libraries, news broadcasters and creators of parody and satire.
Further Exceptions
The Copyright Modernization Act establishes a series of exceptions to infringement to cover activities commonly pursued by consumers. Backup copies, “time shifting” (e.g. the recording of television programs for viewing at a later time) and “format shifting” (e.g. the movement of music from CDs to an iPod) will now be explicitly permitted.
Statutory Damages
The statutory damages section of the Copyright Modernization Act distinguishes between “commercial” and “non-commercial” infringement. Statutory damages are designed to increase efficiency in the court process. They do not need to be proven in court like regular damages are. Though neither “commercial” or “non-commercial” is defined in the Act non-commercial infringers (presumably consumers and others who infringe copyright without making it their business) are subject to a series of limitations on the amount of damages they can be forced to pay.
- Chloé de Lorimier (Volunteer Researcher at CJAM)
Do you have an arts-related legal issue? If so, CJAM is happy to announce that we will be hosting the first of our monthly legal information nights on Monday Jan. 25th, at Cooperative de Solidarite du Commerce Equitable, 5425 Rue de Bordeaux, Bureau 500, from 7 PM to 9 PM. This free service allows you to meet with one of CJAM’s volunteer law students, who will research your arts-related legal question over two weeks and provide you with the results of their research. This service is not a substitute for a lawyer, as our volunteer law students will provide legal information only, and not legal advice. We look forward to seeing you on the 25th!
